HomeMy WebLinkAboutORD 922ORDINANCE NO. 922
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
THE MUNICIPAL CODE TO ADD DEFINITIONS OF BARS,
LOUNGES, NIGHTCLUBS, OR RESTAURANTS
WHEREAS, Government Code § 36937(B) authorizes the City
Council to adopt an urgency ordinance for the immediate
preservation of the public peace, health or safety so long as the
ordinance contains a declaration of the facts constituting the
urgency, and so long as the ordinance is passed by a four -fifths
vote of the City Council; and
WHEREAS, in order to protect the public safety, health and
welfare, the City desires to amend the Municipal Code to add
definitions of the following terms: bar, lounge, nightclub, and
restaurant; and
WHEREAS, there is a current and immediate threat to the public
health, safety or welfare in that approval of bars, lounges,
nightclubs, or restaurants without appropriate conditions imposed
pursuant to a Conditional Use Permit would result in a threat to
the public health, safety or welfare; and
WHEREAS, the Municipal Code does not currently specifically
define the terms bar, lounge, nightclub, or restaurant;
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, does hereby ordain as follows:
Section 1. That the Recitals set forth above are true and
correct and are incorporated herein by this reference.
Section 2. That the following sections are added to the
Palm Desert Municipal Code:
A. Section 25.04.113 be added to read as follows:
"Bar or lounge means any use where the on site
sale and consumption of alcoholic beverages
equals or exceeds 49 0 of gross sales from that
location."
B. Section 25.04.572 be added as follows:
"Nightclub means a place of business open
after 10:00 p.m. which provides for the on
site consumption of food or alcoholic
beverages with entertainment which includes,
R OPUBOSP\153687
but is not limited to, music, dancing, comedy,
and karaoke."
C. Section 25.04.683 be added as follows:
"Restaurant means any use providing for the
preparation, retail sale, and on site
consumption of food and beverages.
Restaurants include, but are not limited to,
cafes, coffee shops, sandwich shops, ice cream
parlors, fast food take-out and drive -through
stores, and places of business with similar
uses. The term restaurant may include the
licensed sale of alcoholic beverages for
consumption on the premises, provided that the
sales of food and non-alcoholic beverages
equals or exceeds 510 of gross sales."
Section 3. This ordinance is passed as an urgency measure
pursuant to Government Code, Section 36937, in the interest of
public health, safety and welfare.
Section 4. This ordinance is hereby declared to be an
urgency measure and to be in full force and effect immediately upon
passage by a 4/5 vote of the City Council of the City of Palm
Desert, California, pursuant to Government Code, Section 36934. �w
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council of the City of Palm Desert, California, on the 22nd day of
July, 1999, by the following roll call vote:
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAIN: None
Robert A. Spiegel, May r
/, `/ City of Palm Desert, California
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SHEILA 1;C./GILLIG2/V1j City Clerk
APPROVED AS TO RM:
By:
DAVID J. EPXfN, City Attorney
City of Palm Desert, California
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